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12.10.2013 Town Council Minutes1 j E� TOWN OF S PO Prosper is a place where everyone matters. Call to Order/Roll Call. The meeting was called to order at 6:01 p.m. Council Members Present: Mayor Ray Smith Mayor Pro -Tern Meigs Miller Deputy Mayor Pro-Tem Kenneth Dugger Council Member Michael Korbuly Council Member Curry Vogelsang Council Member Danny Wilson Council Member Jason Dixon (arrived at 9:30 p.m.) MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, December 10, 2013 Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon T. Webb, Jr., Executive Director of Development and Community Services Chris Copple, Director of Development Services Will Mitchell, Parks & Recreation Manager Frank Jaromin, Public Works Director Michael Bulla, CIP Project Manager Matt Richardson, Senior Engineer Trish Eller, Code Enforcement Officer Kent Austin, Finance Director January Cook, Purchasing Agent Ronnie Tucker, Fire Chief Kirk McFarlin, Police Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Reverend Michael Gilton of St. Thomas Episcopal Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Deputy Mayor Pro-Tem Dugger made the following announcements: The Friends of the Prosper Community Library are sponsoring a Holiday Reading Competition through January 1. The reading competition is open to all students, Pre-K through High School, in order to sharpen their reading skills over the holiday break. Prizes will be awarded for each age group. Students can register at the Prosper Community Library. Page 1 of 10 Prosper's Christmas Festival will "Light Up The Night" on Saturday, December 14, in Downtown Prosper, starting at 4:00 p.m. and concluding with a fireworks show at 8:00 p.m. The annual Prosper Rotary Christmas Parade will open the festivities, which will also include a food and toy drive, Christmas lights, entertainment, activities, food, and of course, Santa Claus. The Prosper Police Department is holding its annual Cops with a Claus program to assist families in need. Donations may be dropped off at Town Hall. Contact Assistant Police Chief Gary McHone for more information. The Prosper Fire Department will once again assist area churches and PAC Fitness in the Angel Tree program by delivering toys and gifts to families in need this Christmas. Contact a local church or PAC Fitness to participate in the Angel Tree program. The Town Council would like to congratulate the Prosper Lady Eagles Volleyball Team on finishing as state finalists this year. Several team members were named to the all - region and all -state tournament teams. Congratulations to the finalists of Prosper's Punt, Pass, & Kick competition. Two finalists from Rucker Elementary and Folsom Elementary will complete and be recognized this Sunday at the Dallas Cowboys game against Green Bay. First place winners have the chance to advance to the national competition held during a playoff game. Deputy Mayor Pro-Tem Dugger asked Public Works Director Frank Jaromin, Police Chief Kirk McFarlin, and Fire Chief Ronnie Tucker to give a brief update on the efforts of each of their departments during the ice storm over the weekend. Several staff members worked throughout the weekend to assist residents and motorists and to keep the roads as safe as possible during the icy conditions. Deputy Mayor Pro-Tem Dugger thanked all of the staff members on behalf of the Town Council. From the audience, Jack Dixon announced a senior citizen luncheon that will be held at the high school on Wednesday, December 11. 4. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting — November 12, 2013 4b. Consider and act upon authorizing the Town Manager to execute Service Agreements, and a Telecommunications Account Agreement, between TelePacific Communications, and the Town of Prosper, Texas, related to Primary Rate Interface services. (JC) 4c. Receive the September 2013 financial report. (KA) Page 2 of 10 4d. Receive the Quarterly Investment Report for the quarter ending September 30, 2013. (KA) 4e. Consider and act upon Ordinance No. 13-62, rezoning 12.3± acres, located on the east side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend Planned Development-40 (PD-40), Exhibit C, Section 1(f)(a)(C). (Z13-0017). (CC) 4f. Consider and act upon the appointment of a Chair and Vice -Chair of the Parks and Recreation Board. (WM) Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro -Tern Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0. 5. CITIZEN COMMENTS: (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Meeting Appearance Card" and present it to the Town Secretary prior to the meeting.) Mayor Smith recognized the following individual who requested to speak Jack Dixon, 810 Long Valley Court, Prosper, spoke regarding the Atmos Energy rate increase item from a previous meeting, and requested that in the future, residents be given more notice of potential rate increases. Mr. Dixon commented on the library presentation from the Texas Woman's University business class from a previous meeting, and urged the Council to continue to pursue a Town library, or a municipal building/library complex. Finally, Mr. Dixon encouraged the Council to work toward developing median cutouts at the railroad crossing at Prosper Trail. There were no other Citizen Comments. REGULAR AGENDA: (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Public Meeting Appearance Card" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS: 6. Conduct a Public Hearing, and consider and act upon a request to rezone 76.1± acres, located on the east side of Legacy Drive, 1,400± feet north of Prosper Trail, from Agricultural (A) to Planned Development -Single Family-15 (PD-SF-15). (Z13- 0016). (CC) Page 3 of 10 Chris Copple, Development Services Director, presented this item before the Town Council. The request is to rezone the property from Agricultural (A) to Planned Development -Single Family-15 (PD-SF-15). Mr. Copple described the PD standards that would vary from straight zoning. The request complies with the Future Land Use Plan (FLUP) recommendation for low density residential uses for the property. Mr. Copple reviewed lot sizes and other requirements for the PD, and answered questions from Council regarding front -entry garages, setback requirements, and fencing. The Planning and Zoning Commission recommended approval of this item, subject to the following revision: a. A maximum of ten (10) lots being between 13,500 square feet and 14,999 square feet in area. The applicant has revised Exhibit C to reflect the Planning & Zoning Commission's recommendation. Staff recommended approval of the request. Mayor Pro -Tern Miller made a motion and Councilmember Korbuly seconded the motion to open the Public Hearing. The motion was approved by a vote of 6-0. Rob Baldwin, representing the developer, addressed the Council and answered questions regarding setbacks, lot size, and the number of lots on the property. He noted that the developer plans to submit a plat for approval after the first of the year. With no-one else wishing to speak, Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to close the Public Hearing. The motion was approved by a vote of 6-0. Mayor Pro-Tem Miller made a motion and Council Member Korbuly seconded the motion to approve a request to rezone 76.1± acres, located on the east side of Legacy Drive, 1,400± feet north of Prosper Trail, from Agricultural (A) to Planned Development -Single Family-15 (PD-SF-15). The motion was approved by a vote of 6-0. 7. Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP) for a concrete batching plant, on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street. The property is zoned Planned Development-19-Commercial Corridor. (PD-19-CC). (S13-0001). (CC) Chris Copple, Development Services Director, presented this item before the Town Council. In 2004, the Town Council adopted an ordinance rezoning the property Planned Development-19 (PD-19). PD-19 states that a concrete batching plant is permitted by right, only when an on -site billing office is included, for five years after the adoption date of this PD. In 2011, Town Council adopted an ordinance granting a Special Use Permit (SUP) allowing for the existing concrete batching plant to continue operation subject to conditions. The applicant has submitted a SUP application requesting to continue operation of the existing concrete batching plant. Mr. Copple reviewed the criteria to determine the validity of a SUP request. The SUP request does not conform to the FLUP. The Planning and Zoning Commission recommended approval of the request, subject to the following conditions: a. The SUP expires three years after the adoption of the ordinance. The applicant may seek a renewal term to the SUP in order to continue the concrete batching plant use. Page 4 of 10 b. An on -site billing office is required to continue the concrete batching plant use. All concrete deliveries from the physical Prosper location shall be billed as taxable to the Town of Prosper. c. The Town of Prosper reserves the right to audit books to ensure that Prosper is the primary HUB for tax revenue and upon inspections, if there are any failures to correct errors; Town of Prosper reserves the right to revoke the SUP. Town staff recommended denial of the request. Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to open the Public Hearing. The motion was approved by a vote of 6-0. Jack Dixon, 810 Long Valley Court, Prosper, spoke in opposition to the item. With no-one else wishing to speak, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Wilson seconded the motion to close the Public Hearing. The motion was approved by a vote of 6-0. Mr. Copple answered questions from Council related to the length of the term requested, ownership of the property, and the zoning of the surrounding property. Eric Philpot, a representative of the applicant, addressed the Council. He explained his request for a three-year term, indicating that the company was growing and his intention to buy new vehicles. He explained that the term of the agreement may affect the company's decision to grow in the Prosper area. After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Vogelsang seconded the motion to approve a request for a Specific Use Permit (SUP) for a concrete batching plant, on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street, subject to the recommendations by the Planning and Zoning Commission. The motion was approved by a vote of 6-0. DEPARTMENT ITEMS: 8. Consider and act upon an ordinance repealing and replacing Article 1.02 of the Code of Ordinances regarding the Rules of Order and Procedure. (RB) Town Secretary Robyn Battle presented this item before the Town Council. The current Rules of Order and Procedure were adopted in 2006. Ms. Battle reviewed the objectives for revising the Rules of Order and Procedure, and explained some of the proposed revisions, which included removing the board appointment process from the Rules of Order and Procedure, eliminating redundant provisions, streamlining Council procedures, and correcting minor errors. Town staff recommended approval of this item. Councilmember Korbuly made a motion and Councilmember Wilson seconded the motion to approve Ordinance No. 13-63, repealing and replacing Article 1.02 of the Code of Ordinances regarding the Rules of Order and Procedure. The motion was approved by a vote of 6-0. Page 5 of 10 9. Consider and act upon a resolution establishing Board and Commission Appointment Policies and Procedures. (RB) Town Secretary Robyn Battle presented this item before the Town Council. The purpose of the proposed policy is to establish consistent procedures for the annual board and commission appointment process, standardize the criteria for eligible applicants, establish a timeline for the annual process, and identify the roles and responsibilities for all parties involved in the appointment process, including the Town Council, applicants, board members, and staff. Ms. Battle reviewed some of the main points of the proposed policy, and answered questions from Council regarding mid-term appointments, residency requirements, and application deadlines. After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Vogelsang seconded the motion to approve Resolution No. 13-64, establishing Board and Commission Appointment Policies and Procedures. The motion was approved by a vote of 6-0. 10. Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters. (KA) Kent Austin, Finance Director, presented this item before the Town Council. This item supersedes the action taken at the October 22, 2013, Town Council meeting, which authorized individuals to perform electronic funds transfers. The new item includes bank account signers, electronic funds transfers, and investment pools, and it also supersedes Resolution 13-19, which was approved on February 26, 2013. The proposed item authorizes individuals as signers for the Town's bank accounts, ACH/wire transfers, and TexPool/TexStar transactions. After discussion, Council Member Vogelsang made a motion and Mayor Pro-Tem Miller seconded the motion to adopt Resolution No. 13-65 authorizing various individuals as signers of specific accounts and certain investment matters. The motion was approved by a vote of 6-0. 11. Capital Improvement Projects update. (MB) Michael Bulla, CIP Project Manager, presented this item before the Town Council. Mr. Bulla reviewed projects that have recently been completed, projects currently under design or construction, and remaining approved projects that have been funded. Hulon Webb, Executive Director of Development and Community Services, and Town Manager Harlan Jefferson answered questions related to the Coleman Road project. Mr. Bulla then introduced Senior Engineer Matt Richardson to the Town Council. No action was taken on this item. 12. Consider and act upon 1) a Development Agreement for the extension of a sanitary sewer line to serve the Frontier Estates development between the Town of Prosper, Texas, and Meritage Homes of Texas, LLC; and 2) authorizing the Town Manager to execute same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Meritage Homes of Texas, LLC, is developing Page 6 of 10 Frontier Estates, and they are required to extend an 18" sanitary sewer line from approximately 5,000 feet west of the Preston Road and Frontier Parkway intersection to their development along Preston Road. The purpose of the Development Agreement is to outline the obligations of both the Town of Prosper and Meritage Homes of Texas, LLC, related to the design, construction, credit, and reimbursement of collected sewer impact fees to fund the project. After discussion, Councilmember Korbuly made a motion and Councilmember Wilson seconded the motion to approve a Development Agreement for the extension of a sanitary sewer line to serve the Frontier Estates development between the Town of Prosper, Texas, and Meritage Homes of Texas, LLC, and authorizing the Town Manager to execute same. The motion was approved by a vote of 6-0. 13. Update on the design and construction of the Doe Branch Regional Wastewater Treatment Plant. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. On December 4, 2007, the Town Council approved a Regional Wastewater Treatment Services Contract with the Upper Trinity Regional Water District (UTRWD) for sanitary sewer service for the western portion of the Town. Mr. Webb reviewed the history of the project, including cost projections from 2007 and current estimated costs as of 2013. The current timeline is to start construction in March of 2014, with estimated completion by the end of 2015. Mr. Webb and Tom Taylor, Executive Director of UTRWD, answered questions related to the substantial increase in cost since 2007. Factors include market increase in construction costs, regulatory changes since 2008, and the addition of an on -site facility to handle solids/sludge. The options for funding the project are to either issue contract revenue bonds through UTRWD, or for the Town to finance its portion of the costs. Town Manager Harlan Jefferson and Jason Pierce from FirstSouthwest, the Town's financial advisor, answered questions from the Council related to the advantages of both funding options. George Dupont, the Town's representative on the UTRWD Board of Directors, spoke in favor of the project, and commented on the funding options as well. While it is customary for Towns to have other entities issue debt on their behalf on projects such as this one, it is not uncommon, and both Mr. Jefferson and Mr. Pierce are not opposed to the Town issuing its own debt for the project, which would save the Town approximately $1.2 million. The Town Council directed staff to proceed with the project, with the Town issuing its own debt to fund the project. In order to meet the deadlines of the proposed schedule, UTRWD would need funding delivered by March. To meet this deadline, Mr. Pierce advised that the Town would need to approve a resolution to provide notice of intent to issue certificates of obligation prior to the next regular Town Council meeting to be held on January 14, 2014. The Town Council then called for a Special Called Meeting to be held on Monday, December 16, 2013, to consider the item. No further action was taken. 14. Discussion on park development and open space opportunities. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. At the October 22, 2013, Town Council meeting, staff discussed several opportunities to develop open space sites as sports fields. Mr. Webb reviewed the sites that Council had selected, and provided further programming information. Town staff recommended proceeding with Site #1 (the southwest corner of Page 7 of 10 Frontier Park), the installation of lighting on the southeast corner of Frontier Park, and to wait until the Parks Master Plan is updated to identify any further permanent open space improvements to existing parks. After discussion of the different options, the Town Council directed staff to proceed with the development of Site #1 (southwest corner of Frontier Park), proceed with the installation of athletic field lighting on the southeast corner of Frontier Park, evaluate the options to removing the deed restricted 300' light buffer on the south and west side of Frontier Park, and to wait until the Parks Master Plan needs assessment is complete before identifying any improvements to the north side of Frontier Park and/or Sexton Park. No further action was taken. 15. Consider and act upon appointing members to the Northeast Fire Station site ad hoc committee. (RT) Fire Chief Ronnie Tucker presented this item before the Town Council. At the September 24, 2013, Town Council meeting, the Town Council established an ad hoc committee to assist with finding the best location for a fire station to serve the northeast portion of Prosper. Chief Tucker recommended the following individuals to serve on the committee: • Sara Fitzhugh • John Parsons • Greg Alford • Rudy Guerrero • Joe Jennings • D'Ann Williams • Ted Roepsch • George Dupont • Brandon Daniel • Kristine Tibbetts • Michele Williams • Jennifer Sanchez After discussion, Councilmember Vogelsang made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to appoint the proposed individuals to the Northeast Fire Station ad hoc committee. The motion was approved by a vote of 6-0. 16. Update on the history of the dispatch center project. (RT) Fire Chief Ronnie Tucker presented this item before the Town Council. Chief Tucker reviewed the history of the dispatch center project. The Town previously partnered with the City of Frisco, and then was unsuccessful in attempts to reach acceptable agreements with Collin County and the City of Plano. The Town Council approved an agreement'with L3 for dispatch equipment for a Town -owned dispatch center in May of 2009. The dispatch center has three components: dispatch equipment, dispatchers, and a radio system. At the time the contract was approved, the Town Council had the understanding that the expected lifetime of the dispatch equipment would be 10 years. Chief Tucker reported that in addition to the problems the Town is currently having with the dispatch system, the radio system that was first put in place in 2009 was not initially utilized by the fire department because it did not function properly. The Town Council expressed that they were not aware, and should have been informed that the radio system was not functioning properly. The Town's current radio system, while functional, has limitations because of the number of channels available. The Town Council directed Page 8 of 10 staff to proceed with a solution for the dispatch center by going forward with an overall strategy to provide a dispatch center that meets the Town's needs, and utilizing any available partnerships that are available to the Town. No further action was taken. 17. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 17a. Section 551.087. To discuss and consider economic development incentives. 17b. Section 551.072. To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 17c. Section 551.071. Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. The Town Council recessed into Executive Session at 9:06 p.m. Jason Dixon arrived at the meeting at 9:30 p.m. Mayor Smith left the Executive Session at 9:50 p.m. Mayor Smith returned to Executive Session at 10:50 p.m. 18. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 10:55 p.m. No action was taken as a result of Executive Session. 19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Animal control ordinance update. (TE) Code Compliance Officer Trish Eller updated the Town Council on the proposed animal control ordinance revisions and reviewed the proposed changes. The Town Council directed staff to release the proposed ordinance to the homeowner's associations (HOAs) within the Town for review and comment. • Staff was directed to increase signage in the Town parks, complexes, and concession areas as needed to enforce the Town's parks ordinance regarding pets. The Town Council directed staff to include the prohibition of pets in playground areas in the ordinance as a future agenda item. Page 9 of 10 20. Adjourn. Deputy Mayor Pro -Tern Dugger made a motion and Councilmember Korbuly seconded the motion to adjourn the meeting at 11:10 p.m., on Tuesday, December 10, 2013. The motion was approved by a vote of 7-0. These minutes approved on the 14th day of January, 2014. APPROVED: Ray Smi h, M4or Page 10 of 10